Terms Of Use

TERMS AND
CONDITIONS OF USE
We created the Omaha Public Schools ("OPS") Internet Site
(referred to as the "Site") for the convenience of our
customers. By accessing the Site or other Web sites through
links provided by OPS, you agree to all terms, conditions,
and notices contained or referenced herein (the "Terms of
Use"). If you do not agree to these Terms of Use please do
not use the Site. We reserve the right, at our discretion,
to update or revise these Terms of Use. Please check the
Terms of Use periodically for changes. Your continued use of
the Site following the posting of any changes to the Terms
of Use constitutes acceptance of those changes.

AGREEMENT TO
RULES OF USER CONDUCT
You agree to abide by the OPS Rules of User Conduct,
including but not limited to, agreeing not to use the Site
for any unlawful purpose. A copy of the Rules of Conduct,
which you should review can be found below.

THIRD-PARTY
SITES
The Site may produce automated search results or otherwise
link you to other sites on the Internet. These sites may
contain information or material that some people may find
inappropriate or offensive. These other sites are not under
the control of OPS, and you acknowledge that OPS is not
responsible for the accuracy, copyright compliance,
legality, decency, or any other aspect of the content of
such sites. The inclusion of such a link does not imply
endorsement of the site by OPS or any association with its
operators.

PROPRIETARY
RIGHTS
You acknowledge and agree that all content and materials
available on the Site are protected by copyrights,
trademarks, service marks, patents, trade secrets, or other
proprietary rights and laws. Except as expressly authorized
by OPS, you agree not to sell, license, rent, modify,
distribute, copy, reproduce, transmit, publicly display,
publicly perform, publish, adapt, edit, or create derivative
works from such materials or content. Notwithstanding the
above, you may print or download one copy of the materials
or content on the Site on any single computer for your
personal, non-commercial use, provided you keep intact all
copyright and other proprietary notices. Systematic
retrieval of data or other content from the Site to create
or compile, directly or indirectly, a collection,
compilation, database or directory without written
permission from OPS is prohibited. In addition, use of the
content or materials for any purpose not expressly permitted
in these Terms of Use is prohibited.

As noted above,
reproduction, copying, or redistribution for commercial
purposes of any materials or design elements on the Site is
strictly prohibited without the express written permission
of OPS. Permission is granted only when certain limited
criteria are met. For information on requesting such
permission, please contact:
webteam@ops.org.

DISCLAIMER OF
WARRANTIES
NCLUDED ON OR AVAILABLE THROUGH THE SITE (THE "CONTENT")
ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE
CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, OR NONINFRINGEMENT. OPS, ITS SUBSIDIARIES, AND ITS
LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE,
RELIABLE OR CORRECT; THAT THE SITE WILL BE AVAILABLE AT ANY
PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL
BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS. YOUR USE OF THE SITE IS SOLELY AT
YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE
EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT
APPLY TO YOU.

LIMITATION OF
LIABILITY
UNDER NO CIRCUMSTANCES SHALL OPS, ITS SUBSIDIARIES, OR ITS
LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE,
INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT
FROM THE USE OF, OR INABILITY TO USE, THE SITE. THIS
LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON
CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER
BASIS, EVEN IF OPS HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, OPS’S LIABILITY IN SUCH JURISDICTIONS SHALL BE
LIMITED TO THE EXTENT PERMITTED BY LAW.

VIRUSES
Because of the marked increase in the fabrication and
proliferation of computer viruses affecting the Internet, we
want to warn you about infections or viral contamination on
your system. It is your responsibility to scan any and all
downloaded materials received from the Internet. We are not
responsible or liable for any damage caused by such hazards.

SECURITY
We welcome your e-mail correspondence. But Internet and
e-mail communications are not confidential. It is possible
that information transmitted to us may be read or obtained
by other parties. In an attempt to protect your privacy, our
e-mail responses do not include personal account information
such as social security numbers or account numbers.

INDEMNIFICATION
Upon a request by OPS, you agree to defend, indemnify, and
hold harmless OPS and its subsidiary and other affiliated
companies, and their employees, contractors, officers, and
directors from all liabilities, claims, and expenses,
including attorney’s fees, that arise from your use or
misuse of the Site. OPS reserves the right, at its own
expense, to assume the exclusive defense and control of any
matter otherwise subject to indemnification by you, in which
event you will cooperate with OPS in asserting any available
defenses.

CONTENT
Statements made in the Site, newsgroups, message boards,
e-mail, forums, conferences and chats reflect only the views
of their authors. Forum managers, forum hosts, teachers,
staff or Merchants appearing on the Site are not necessarily
authorized OPS spokespersons, and their views do not
necessarily reflect those of OPS.

LICENSES AND
IDEA SUBMISSIONS
You agree to grant to OPS a non-exclusive, worldwide,
royalty-free, perpetual license, with the right to
sublicense, to reproduce, distribute, transmit, create
derivative works of, publicly display and publicly perform
any materials and other information (including, without
limitation, ideas contained therein for new or improved
products or services) you submit to public areas of OPS
(such as BBSs, forums and chat rooms) by all means and in
any media now known or hereafter developed. You hereby waive
your moral rights in any such materials and information, and
you hereby warrant that any such materials and information
are original with you, or that you have the right to submit
such materials and information. You agree that you shall
have no recourse against OPS for any alleged or actual
infringement or misappropriation of any proprietary right in
your communication to us.

THIRD PARTY
RIGHTS
The provisions of the Sections Disclaimer of Warranties,
Limitation of Liability and Indemnification are for the
benefit of OPS and its officers, directors, employees,
agents, licensors, suppliers, and information providers.
Each of these individuals or entities shall have the right
to assert and enforce those provisions directly against you
on its own behalf.

INTERNATIONAL USE
OPS makes no representation that materials on the Site are
appropriate or available for use in locations outside the
United States, and accessing them from territories where
their contents are illegal is prohibited. Those who choose
to access the Site from other locations do so on their own
initiative and are responsible for compliance with local
laws.

LIMITED LICENSE
By this Agreement, OPS grants, subject to the terms of this
Agreement, only a limited, non-transferable and
non-exclusive license to use the software and documentation
necessary to access, explore and otherwise use the Site in
real time and to use the materials on this Internet site in
a manner consistent with this Agreement.

ELECTRONIC
MEANS
You and OPS desire to facilitate certain transactions
pursuant to this Agreement by exchanging documents, records
and signatures electronically or by utilizing electronic
agents. The use of electronic facilities or agents shall be
in accordance with procedures established by OPS and
governed by the applicable provisions of the Uniform
Electronic Transactions Act as adopted in the State of
Nebraska.

INDEMNIFICATION
AND FORCE MAJEURE
Neither OPS nor any independent provider/transmitter of
Information shall be liable in any way, and you agree to
indemnify and hold harmless OPS and its subsidiary, other
affiliated companies, the independent providers/transmitters
and all employees, contractors, officers, and directors
thereof (the "Indemnitees") for (1) any inaccuracy, error,
or delay in, or omission of (a) any Information, or (b) the
transmission or delivery of Information; (2) any loss or
damage arising from or occasioned by (a) your use or misuse
of the Site as well as any such inaccuracy, error, delay, or
omission, or (b) any non-performance, or interruption of
Information due either to any negligent act or omission by
the Indemnitees or to any "force majeure" (i.e. flood,
extraordinary weather conditions, earthquake, or other act
of God, fire, war, insurrection, riot, labor dispute,
accident, action of government, communications, power
failure, or equipment or software malfunction) or any other
cause beyond the reasonable control of the Indemnitees.

CHOICE OF
LAW AND FORUM
These Terms of Use shall be governed by and construed in
accordance with the laws of the State of Nebraska, excluding
its conflicts of law rules. You expressly agree that the
exclusive jurisdiction for any claim or action arising out
of or relating to these Terms of Use or your use of the Site
shall be filed only in the state or federal courts located
in the State of Nebraska, and you further agree and submit
to the exercise of personal jurisdiction of such courts for
the purpose of litigating any such claim or action.

SEVERABILITY
AND INTEGRATION
Unless otherwise specified herein, this Agreement
constitutes the entire agreement between you and OPS with
respect to the Site and supersedes all prior or
contemporaneous communications and proposals (whether oral,
written, or electronic) between you and OPS with respect to
the Site. If any part of these Terms of Use is held invalid
or unenforceable, that portion shall be construed in a
manner consistent with applicable law to reflect, as nearly
as possible, the original intentions of the parties, and the
remaining portions shall remain in full force and effect.

NOTICE
SPECIFIC TO SOFTWARE AVAILABLE ON THE SITE.
Any software that is made available to download from this
server ("Software") is the copyrighted work of OPS
and/or its suppliers. Use of the Software is governed by the
terms of the end user license agreement, if any, which
accompanies or is included with the Software ("License
Agreement"). An end user will be unable to install any
Software that is accompanied by or includes a License
Agreement, unless he or she first agrees to the terms of the
License Agreement.

The Software is
made available for downloading solely for use by end users
according to the License Agreement. Any reproduction or
redistribution of the Software not in accordance with the
License Agreement is expressly prohibited by law, and may
result in severe civil and criminal penalties. Violators
will be prosecuted to the maximum extent possible.

WITHOUT LIMITING
THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO
ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR
REDISTRIBUTION IS EXPRESSLY PROHIBITED.

THE SOFTWARE IS
WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE
LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE
AGREEMENT, OPS CORPORATION HEREBY DISCLAIMS ALL WARRANTIES
AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL
IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT.

NOTICES
REGARDING SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE ON THE
SITE.

IN NO EVENT SHALL
OPS AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY
SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES
WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS,
WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER
TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE
USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR
FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM
THIS SERVER.

NOTICES AND
PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.
Pursuant to Title 17, United States Code, Section 512(C)(2),
notifications of claimed copyright infringement should be
sent to Service Provider’s Designated Agent. All inquiries
not relevant to the following procedure will not receive a
response.

TERMINATION
OPS reserves the right, in its sole discretion, to terminate
your access to all or part of the Site, with or without
notice.

POLICY
AMENDMENTS AND UPDATES
Please note that we review our practices from time to time,
and that such practices are subject to change. OPS reserves
the right to change these terms of use at anytime by posting
revisions on the OPS web site. We ask that you periodically
review this page to insure familiarity with the most current
version of these terms of use. However, these terms of use
is not intended to, and does not, create any contractual or
other legal rights in or on behalf of any party.

RULES OF USE

By posting
information in or otherwise using any communications
service, chat room, message board, newsgroup, software
library, or other interactive service that may be available
to you on or through the Site, you agree that you will not
upload, post, or otherwise distribute or facilitate
distribution of any content -- including text,
communications, software, images, sounds, data, or other
information -- that:

is
unlawful, threatening, abusive, harassing, defamatory,
libelous, deceptive, fraudulent, invasive of another's
privacy, tortious, contains explicit or graphic
descriptions or accounts of sexual acts (including, but
not limited to, sexual language of a violent or
threatening nature directed at another individual or
group of individuals), or otherwise violates OPS's rules
or policies;

victimizes, harasses, degrades, or intimidates an
individual or group of individuals on the basis of
religion, gender, sexual orientation, race, ethnicity,
age, or disability;

infringes
on any patent, trademark, trade secret, copyright, right
of publicity, or other proprietary right of any party;

constitutes unauthorized or unsolicited advertising,
junk or bulk e-mail (also known as "spamming"), chain
letters, any other form of unauthorized solicitation, or
any form of lottery or gambling;

contains
software viruses or any other computer code, files, or
programs that are designed or intended to disrupt,
damage, or limit the functioning of any software,
hardware, or telecommunications equipment or to damage
or obtain unauthorized access to any data or other
information of any third party; or

impersonates any person or entity, including any
employee or representative of OPS.

You also agree
that you will not harvest or collect information about the
users or members of the Site or use such information for the
purpose of transmitting or facilitating transmission of
unsolicited bulk electronic e-mail or communications.

OPS
generally does not pre-screen, monitor, or edit the content
posted by users of communications services, chat rooms,
message boards, newsgroups, software libraries, or other
interactive services that may be available on or through the
Site. However, OPS and its agents have the right, at their
sole discretion, to remove any content that, in OPS's
judgment, does not comply with the Rules of User Conduct or
is otherwise harmful, objectionable, or inaccurate. OPS is
not responsible for any failure or delay in removing such
content.